This Practice Note outlines a local authority’s duty to provide accommodation to children under section 20 of the Children Act 1989 (ChA 1989) and explains voluntary accommodation under ChA 1989, s 20, identifying the challenges a local authority may face including ensuring appropriate delegation of parental authority and issues around parental capacity. Note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments for further reading, see Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales and Local authority duties to children in Wales—child protection [Archived]. The duty under section 20 of the Children Act 1989 ChA 1989, s 20 imposes a duty on every local authority to provide accommodation to children identified as children in need resident in its area who appear to require accommodation as

Introduction Section 203 of the Housing and Planning Act 2016 (HPA 2016) confers powers to override easements and other rights benefitting adjoining land in connection with development. HPA 2016, s 203 came into effect on 13 July 2016 and extended and replaced the powers set out in section 237 of the Town and Country Planning Act 1990 (TCPA 1990). It applies in England and Wales. HPA 2016, s 203 (and its predecessor, TCPA 1990, s 237) has been relied on in high-profile developments to overcome rights of light and other easements or restrictive covenants threatening to prevent projects from progressing. In practice, where a particular development programme is at risk due to the inability to agree the release of certain rights, developers have requested that the local authority intervenes by using its powers to appropriate or acquire the development site (or part of it) to then trigger the power in HPA 2016, s 203. Once the site (or part of it) has been appropriated or acquired, engaging section 203, the local authority can transfer

A notice pursuant to section 21 of the Housing Act 1988 (HA 1988) which is served to determine an assured shorthold tenancy.

This section 21 notice (Form 6A) is for use in terminating assured shorthold tenancies (ASTs) under section 21 of the Housing Act 1988 (HA 1988). From 1 May 2026, ASTs are abolished in the private sector and replaced with assured tenancies (subject to transitional arrangements where notices have already been served). Therefore

Introduction to section 215 notices The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to require land to be cleared up where its condition affects the amenity of the area. It does this by giving LPAs discretion to serve a 'section 215 notice'. The relevant legislation is contained in TCPA 1990, ss 215–219. Key features of section 215 notices • It is a straightforward power which LPAs can use quickly • Use of the power is discretionary; it is for each LPA to decide when and whether it is appropriate to use it in the circumstances • An LPA can prescribe such steps in the notice as it considers appropriate to remedy the adverse effect on amenity • Amenity is not defined in the legislation, but case law suggests that it should be treated as a broad concept—see: Scope of power to issue section 215 notice below • It is an offence not to comply with

HM Revenue and Customs Trusts BX9 1EL [DATE] Dear HMRC [insert name of the employee benefit trust] (the EBT) Please accept this letter as notice of the establishment of the [insert name of employee benefit trust] made between [name of settlor] (the Settlor) and [insert name of trustees] (the Trustee). The EBT was established on [insert date of trust deed]. The trust deed establishing

Local Government analysis: Joanna Crichton and Isobel Matthews of Hill Dickinson LLP consider Section 21A applications under the Mental Capacity Act 2005 (MCA 2005). It considers two common types of application; tips to avoid applications and a checklist for dealing with Section 21A applications.

Restructuring & Insolvency analysis: Why did Mr Registrar Jones decide not to allow the respondents in Re Harvest Finance Ltd to charge for the time incurred in delivering documents and electronic files to the liquidators of Harvest Finance Ltd pursuant to an order made under the Insolvency Act 1986, ss 234 and 236 (IA 1986) ? Rory Brown, a barrister at 9 Stone Buildings, discusses the court’s decision.

Restructuring & Insolvency analysis: The director of a company appealed against an order requiring him to deliver possession of a residential property in which he resided to the Administrators under section 234 Insolvency Act 1986 (IA 1986). The court allowed the appeal and set aside the judge's order for possession. While a number of grounds were considered, Lord Justice Snowden held that property to which receivers were already appointed did not constitute property ‘which the company is or appears to be entitled’ within the meaning of IA 1986, s 234. As such, the company did not have any interest in the property to ‘deliver up’ to the administrators. Written by Amy Halliday, associate at Addleshaw Goddard LLP.

Restructuring & Insolvency analysis: The High Court rejected an application by the joint administrators of Pocket Renting Ltd (the Company) under section 234 of the Insolvency Act 1986 (IA 1986) for vacant possession of five residential properties owned by the Company. The court held that IA 1986, s 234 cannot be used to compel persons in occupation as mere trespassers to give up possession, because a trespasser’s possessory title is not the kind of ‘property’ that can be ‘paid, delivered, conveyed, surrendered or transferred’ under the section. While the court considered that the Company would be entitled to possession in ordinary CPR 55 proceedings, the chosen route under IA 1986, s 234 was the wrong one. The decision applies and develops the Court of Appeal’s reasoning in Carvill-Biggs v Reading and is significant for office-holders dealing with intermediate landlords and unauthorised occupiers. Written by Camilla Whitehouse, barrister and head of chambers, Gainsborough Law.

Restructuring & Insolvency analysis: The joint liquidators of NMCN Plc (the Company) and its subsidiary NMCN Sustainable Solutions Ltd (together the Companies) sought an order pursuant to sections 235 and 236 of the Insolvency Act 1986 (IA 1986) requiring the Companies' former auditor, BDO LLP (BDO), to deliver up its files, prepared in respect of its audit of the Companies' 2018 and 2019 accounts (the Audit Files). The Audit Files were required in order to ‘examine the audit work carried out by BDO, in circumstances set out below. The Administrators wish to investigate whether BDO breached the duties BDO owed to the companies. The Administrators also wish to investigate the information relevant to the audits which was provided to BDO by management and employees’. The court ordered the provision of the Audit Files as the office-holders reasonably required their production in order to avoid the time and expense of trying to obtain the same information from the voluminous company records. Written by Andrew Mace, barrister, Tanfield Chambers.

The matters to which a court must have regard when determining an application for financial provision in matrimonial proceedings under section 25 of the Matrimonial Causes Act 1973.